BILL NUMBER: AB 2810	CHAPTERED  09/11/00

	CHAPTER   386
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JUNE 22, 2000
	AMENDED IN ASSEMBLY   APRIL 6, 2000

INTRODUCED BY   Assembly Member Robert Pacheco

                        FEBRUARY 28, 2000

   An act to amend Sections 6400, 6402, 6403, 6404, and 6405 of the
Business and Professions Code, relating to legal document and
unlawful detainer assistants, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2810, Robert Pacheco.  Legal document and unlawful detainer
assistants:  registration.
   Existing law generally regulates legal document and unlawful
detainer assistants, as defined, and, among other things, requires
them to be registered with the county clerk in each county in which
the services are being provided and to include with each registration
application certain information, including the applicant's address
and telephone number, as well as a fee paid to the county clerk, and
a bond or cash deposit in the amount of $25,000.
   This bill would require registration in the county in which a
legal document or unlawful detainer assistant has his or her
principal place of business and in any other county in which he or
she performs acts for which registration is required.  This bill
would require an applicant to specify in his or her application
whether he or she is applying for primary or secondary registration,
as defined, and would require that the bond accompanying the
registration be in favor of the State of California for the benefit
of persons damaged by specified acts of the registrants.  This bill
would require an applicant for secondary registration, as defined, to
include with an application, a certified copy of the bond or cash
deposit posted in the county of the applicant's principal place of
business instead of requiring the applicant to post an additional
bond or cash deposit.
   This bill would incorporate additional changes in Section 6405 of
the Business and Professions Code proposed by SB 1927, to become
operative only if both bills are enacted and become operative, as
specified, and this bill is enacted last.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6400 of the Business and Professions Code is
amended to read:
   6400.  (a) "Unlawful detainer assistant" means any individual who
for compensation renders assistance or advice in the prosecution or
defense of an unlawful detainer claim or action, including any
bankruptcy petition that may affect the unlawful detainer claim or
action.
   (b) "Unlawful detainer claim" means a proceeding, filing, or
action affecting rights or liabilities of any person that arises
under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3
of the Code of Civil Procedure and that contemplates an adjudication
by a court.
   (c) "Legal document assistant" means:
   (1) Any person who is not exempted under Section 6401 and who
provides, or assists in providing, or offers to provide, or offers to
assist in providing, for compensation, any self-help service to a
member of the public who is representing himself or herself in a
legal matter, or who holds himself or herself out as someone who
offers that service or has that authority.  This paragraph shall not
apply to any individual whose assistance consists merely of
secretarial or receptionist services.
   (2) A corporation, partnership, association, or other entity that
employs or contracts with any person not exempted under Section 6401
who, as part of his or her responsibilities, provides, or assists in
providing, or offers to provide, or offers to assist in providing,
for compensation, any self-help service to a member of the public who
is representing himself or herself in a legal matter or holds
himself or herself out as someone who offers that service or has that
authority.  This paragraph shall not apply to an individual whose
assistance consists merely of secretarial or receptionist services.
   (d) "Self-help service" means all of the following:
   (1) Completing legal documents in a ministerial manner, selected
by a person who is representing himself or herself in a legal matter,
by typing or otherwise completing the documents at the person's
specific direction.
   (2) Providing general published factual information that has been
written or approved by an attorney, pertaining to legal procedures,
rights, or obligations to a person who is representing himself or
herself in a legal matter, to assist the person in representing
himself or herself.  This service in and of itself, shall not require
registration as a legal document assistant.
   (3) Making published legal documents available to a person who is
representing himself or herself in a legal matter.
   (4) Filing and serving legal forms and documents at the specific
direction of a person who is representing himself or herself in a
legal matter.
   (e) "Compensation" means money, property, or anything else of
value.
   (f) A legal document assistant, including any legal document
assistant employed by a partnership or corporation, shall not provide
any self-help service for compensation after January 1, 2000, unless
the legal document assistant is registered in the county in which
his or her principal place of business is located and in any other
county in which he or she performs acts for which registration is
required.
   (g) A legal document assistant shall not provide any kind of
advice, explanation, opinion, or recommendation to a consumer about
possible legal rights, remedies, defenses, options, selection of
forms, or strategies.  A legal document assistant shall complete
documents only in the manner prescribed by paragraph (1) of
subdivision (d).
   (h) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.
  SEC. 2.  Section 6402 of the Business and Professions Code, as
amended by Section 8 of Chapter 1079 of the Statutes of 1998, is
amended to read:
   6402.  A legal document assistant or unlawful detainer assistant
shall be registered pursuant to this chapter by the county clerk in
the county in which his or her principal place of business is located
(deemed primary registration), and in any other county in which he
or she performs acts for which registration is required (deemed
secondary registration).  Any registration in a county other than the
county of the person's place of business shall state the person's
principal place of business and provide proof that the registrant has
satisfied the bonding requirement of Section 6405.  No person who
has been disbarred or suspended from the practice of law pursuant to
Article 6 (commencing with Section 6100) of Chapter 4 shall, during
the period of any disbarment or suspension, register as a legal
document assistant or unlawful detainer assistant.  The Department of
Consumer Affairs shall, by July 1, 1999, develop the application
that shall be completed by a person for purposes of registration as a
legal document assistant.  The application shall specify the types
of proof that the applicant shall provide to the county clerk in
order to demonstrate the qualification and requirements of Section
6402.1.
   This section shall remain in effect only until January 1, 2003, or
the date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs, and as of that date is repealed, unless a
later enacted statute, that is enacted before that date, deletes or
extends that date.
  SEC. 3.  Section 6402 of the Business and Professions Code, as
added by Section 9 of Chapter 1079 of the Statutes of 1998, is
amended to read:
   6402.  An unlawful detainer assistant shall be registered pursuant
to this chapter by the county clerk in the county in which his or
her principal place of business is located (deemed primary
registration), and in any other county in which he or she performs
acts for which registration is required (deemed secondary
registration).  Any registration in a county other than the county of
the person's place of business shall state the person's principal
place of business and provide proof that the registrant has satisfied
the bonding requirement of Section 6405.  No person who has been
disbarred or suspended from the practice of law pursuant to Article 6
(commencing with Section 6100) of Chapter 4 shall, during the period
of any disbarment or suspension, register as an unlawful detainer
assistant.
   This section shall become operative January 1, 2003, or the date
the director suspends the requirements of this chapter applicable to
legal document assistants pursuant to Section 6416, whichever first
occurs.
  SEC. 4.  Section 6403 of the Business and Professions Code, as
added by Chapter 1079 of the Statutes of 1998, is amended to read:
   6403.  (a) The application for registration of a natural person
shall contain all of the following statements about the applicant:
   (1) Name, age, address, and telephone number.
   (2) Whether he or she has been convicted of a felony, or of a
misdemeanor under Section 6126 or 6127.
   (3) Whether he or she has been held liable in a civil action by
final judgment or consented to the entry of a stipulated judgment, if
the action alleged fraud, or the use of untrue or misleading
representations, or the use of an unfair, unlawful, or deceptive
business practice.
   (4) Whether this is a primary or secondary registration.  If it is
a secondary registration, the county in which primary registration
is filed.
   (b) The application for registration of a partnership or
corporation shall contain all of the following statements about the
applicant:
   (1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
   (2) Whether the general partners or officers have ever been
convicted of a felony.
   (3) Whether the general partners or officers have ever been held
liable in a civil action by final judgment or have consented to the
entry of a stipulated judgment.  If the action alleged fraud, whether
it involved the use of untrue or misleading representations, or the
use of an unfair, unlawful, or deceptive business practice.
   (4) Whether this is a primary or secondary registration.  If it is
a secondary registration, the county in which primary registration
is filed.
   (c) This section shall become operative January 1, 2003, or the
date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs.
  SEC. 5.  Section 6403 of the Business and Professions Code, as
amended by Chapter 1079 of the Statutes of 1998, is amended to read:

   6403.  (a) The application for registration of a natural person
shall contain all of the following statements about the applicant:
   (1) Name, age, address, and telephone number.
   (2) Whether he or she has been convicted of a felony, or of a
misdemeanor under Section 6126 or 6127.
   (3) Whether he or she has been held liable in a civil action by
final judgment or entry of a stipulated judgment, if the action
alleged fraud, or the use of an untrue or misleading representation,
or the use of an unfair, unlawful, or deceptive business practice.
   (4) Whether he or she has ever been convicted of a misdemeanor
violation of this chapter.
   (5) Whether he or she has had a civil judgment entered against him
or her in an action arising out of the applicant's negligent,
reckless, or willful failure to properly perform his or her
obligation as a legal document assistant or unlawful detainer
assistant.
   (6) Whether he or she has had a registration revoked pursuant to
Section 6413.
   (7) Whether this is a primary or secondary registration.  If it is
a secondary registration, the county in which primary registration
is filed.
   (b) The application for registration of a natural person shall be
accompanied by the display of personal identification, such as a
California driver's license, birth certificate, or other
identification acceptable to the county clerk to adequately determine
the identity of the applicant.
   (c) The application for registration of a partnership or
corporation shall contain all of the following statements about the
applicant:
   (1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
   (2) Whether the general partners or officers have ever been
convicted of a felony, or a misdemeanor under Section 6126 or 6127.
   (3) Whether the general partners or officers have ever been held
liable in a civil action by final judgment or entry of a stipulated
judgment, if the action alleged fraud, or the use of an untrue or
misleading representation, or the use of an unfair, unlawful, or
deceptive business practice.
   (4) Whether the general partners or officers have ever been
convicted of a misdemeanor violation of this chapter.
   (5) Whether the general partners or officers have had a civil
judgment entered against them in an action arising out of a
negligent, reckless, or willful failure to properly perform the
obligations of a legal document assistant or unlawful detainer
assistant.
   (6) Whether the general partners or officers have ever had a
registration revoked pursuant to Section 6413.
   (7) Whether this is a primary or secondary registration.  If it is
a secondary registration, the county in which primary registration
is filed.
   (d) The applications made under this section shall be made under
penalty of perjury.
   (e) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.
  SEC. 6.  Section 6404 of the Business and Professions Code is
amended to read:
   6404.  An applicant shall pay a fee of one hundred seventy-five
dollars ($175) to the county clerk at the time he or she files an
application for initial registration, including a primary or
secondary registration, or renewal of registration.  An additional
fee of ten dollars ($10) shall be paid to the county clerk for each
additional identification card.
  SEC. 7.  Section 6405 of the Business and Professions Code is
amended to read:
   6405.  (a) (1) An application for a certificate of registration by
an individual shall be accompanied by a bond of twenty-five thousand
dollars ($25,000) executed by a corporate surety qualified to do
business in this state and conditioned upon compliance with this
chapter.  The total aggregate liability on the bond shall be limited
to twenty-five thousand dollars ($25,000).  An application for
secondary registration shall meet all of the requirements of this
subdivision, except that in place of posting another original bond or
cash deposit, the applicant shall include a certified copy of the
bond or cash deposit posted in the county in which the applicant
filed the primary registration.
   (2) An application for a certificate of registration by a
partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) executed by a corporate surety
qualified to do business in this state and conditioned upon
compliance with this chapter.  The total aggregate liability on the
bond shall be limited to twenty-five thousand dollars ($25,000).  An
application for a certificate of registration by a person employed by
a partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) only if the partnership or
corporation has not posted a bond of twenty-five thousand dollars
($25,000) as required by this subdivision.  An application for
secondary registration shall meet all of the requirements of this
subdivision, except that in place of posting another original bond or
cash deposit, the applicant shall include a certified copy of the
bond or cash deposit posted in the county in which the applicant
filed the primary registration.
   (3) The bond may be terminated pursuant to Section 995.440 of, and
Article 13 (commencing with Section 996.310) of Chapter 2 of Title
14 of Part 2 of, the Code of Civil Procedure.
   (b) The county clerk shall, upon filing of the bond, deliver the
bond forthwith to the county recorder for recording.  The recording
fee specified in Section 27361 of the Government Code shall be paid
by the registrant.  The fee may be paid to the county clerk who shall
transmit it to the recorder.
   (c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
   (d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording.  The recording fee specified in
Section 27361 of the Government Code for notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
   (e) In lieu of the bond required by subdivision (a), a registrant
may deposit twenty-five thousand dollars ($25,000) in cash with the
county clerk.
   (f) If the certificate is revoked, the bond or cash deposit shall
be returned to the bonding party or depositor subject to subdivision
(g) and the right of a person to recover against the bond or cash
deposit under Section 6412.
   (g) The county clerk may retain a cash deposit until the
expiration of three years from the date the registrant has ceased to
do business, or three years from the expiration or revocation date of
the registration, in order to ensure there are no outstanding claims
against the deposit.  A judge of a municipal or superior court may
order the return of the deposit prior to the expiration of three
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit.
   (h) The bond required by this section shall be in favor of the
State of California for the benefit of any person who is damaged as a
result of the violation of this chapter or by the fraud, dishonesty,
or incompetency of an individual, partnership, or corporation
registered under this chapter.  The bond required by this section
shall also indicate the name of the county in which it will be filed.

  SEC. 7.5.  Section 6405 of the Business and Professions Code is
amended to read:
   6405.  (a) (1) Except as provided in paragraph (3), an application
for a certificate of registration by an individual shall be
accompanied by a bond of twenty-five thousand dollars ($25,000)
executed by a corporate surety qualified to do business in this state
and conditioned upon compliance with this chapter.  The total
aggregate liability on the bond shall be limited to twenty-five
thousand dollars ($25,000).  An application for secondary
registration shall meet all of the requirements of this subdivision,
except that in place of posting another original bond or cash
deposit, the applicant shall include a certified copy of the bond or
cash deposit posted in the county in which the applicant filed the
primary registration.
   (2) An application for a certificate of registration by a
partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) executed by a corporate surety
qualified to do business in this state and conditioned upon
compliance with this chapter.  The total aggregate liability on the
bond shall be limited to twenty-five thousand dollars ($25,000). An
application for a certificate of registration by a person employed by
a partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) only if the partnership or
corporation has not posted a bond of twenty-five thousand dollars
($25,000) as required by this subdivision.  An application for
secondary registration shall meet all of the requirements of this
subdivision, except that in place of posting another original bond or
cash deposit, the applicant shall include a certified copy of the
bond or cash deposit posted in the county in which the applicant
filed the primary registration.
   (3) A legal document assistant who files an application for a
certificate of registration in the County of Riverside, who limits
his or her practice to that county, and who limits his or her
practice solely to assisting either party in a small claims court
action, may, in lieu of providing a bond of twenty-five thousand
dollars ($25,000), provide a bond of five thousand dollars ($5,000)
executed by a corporate surety qualified to do business in this state
and conditioned upon compliance with this chapter.  The total
aggregate liability on the bond shall be limited to five thousand
dollars ($5,000).  An application for a certificate of registration
accompanied by a bond of five thousand dollars ($5,000) as authorized
by this paragraph shall indicate that the legal document assistant
limits his or her practice solely to assisting parties in small
claims actions.
   (4) The bond may be terminated pursuant to Section 995.440 of, and
Article 13 (commencing with Section 996.310) of Chapter 2 of Title
14 of Part 2 of, the Code of Civil Procedure.
   (b) The county clerk shall, upon filing of the bond, deliver the
bond forthwith to the county recorder for recording.  The recording
fee specified in Section 27361 of the Government Code shall be paid
by the registrant.  The fee may be paid to the county clerk, who
shall transmit it to the recorder.
   (c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
   (d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording.  The recording fee specified in
Section 27361 of the Government Code for notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
   (e) In lieu of the bond required by subdivision (a), a registrant
may deposit twenty-five thousand dollars ($25,000) or five thousand
dollars ($5,000), as applicable, in cash with the county clerk.
   (f) If the certificate is revoked, the bond or cash deposit shall
be returned to the bonding party or depositor subject to subdivision
(g) and the right of a person to recover against the bond or cash
deposit under Section 6412.
   (g) The county clerk may retain a cash deposit until the
expiration of three years from the date the registrant has ceased to
do business, or three years from the expiration or revocation date of
the registration, in order to ensure there are no outstanding claims
against the deposit.  A judge of a municipal or superior court may
order the return of the deposit prior to the expiration of three
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit.
   (h) The bond required by this section shall be in favor of the
State of California for the benefit of any person who is damaged as a
result of the violation of this chapter or by the fraud, dishonesty,
or incompetency of an individual, partnership, or corporation
registered under this chapter.  The bond required by this section
shall also indicate the name of the county in which it will be filed.

  SEC. 8.  Section 7.5 of this bill incorporates amendments to
Section 6405 of the Business and Professions Code proposed by both
this bill and SB 1927.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
but this bill becomes operative first, (2) each bill amends Section
6405 of the Business and Professions Code, and (3) this bill is
enacted after SB 1927, in which case Section 6405 of the Business and
Professions Code, as amended by Section 7 of this bill, shall remain
operative only until the operative date of SB 1927, at which time
Section 7.5 of this bill shall become operative.
  SEC. 9.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   This act would prevent legal document and unlawful detainer
assistants from incurring bond costs associated with registering in
counties in which they practice but do not maintain a principal place
of business and would further the protection of consumers by
requiring that bonds filed in connection with this registration
procedure be in favor of the State of California for the benefit of
persons damaged by specified acts of these registrants.  In order to
provide at the earliest possible time that consumers receive greater
protection and registrants be relieved of the hardship of bonding
expenses in multiple jurisdictions, it is necessary that this act
take effect immediately.
